In re Linehan

Searls, C. — The petitioner, John Linehan, was convicted in the Police Judge’s Court of the city and county of San Francisco, upon a complaint charging him with keeping more than-two cows within certain limits in said city and county, in violation of order No. 1587 of the board of supervisors of said city and county, as amended by order No. 1705. A fine was imposed upon defendant, and in default of payment thereof he was adjudged to be imprisoned, etc. He appealed to the Superior Court, where the judgment was affirmed, and upon the return of the remittitur he was committed in default of payment, and being in custody sues out this writ.

Section 1 of said order is as follows:—

“ Sec. 1. Any person violating any of the provisions of this order shall be deemed guilty of a misdemeanor, and be punished by a fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment.”

Section 63, as amended, reads as follows: —

“ Sec. 63. No person or persons shall keep or cause to be kept any swine whatsoever, nor more than two cows, [115]within that portion of the city and county of San Francisco bounded as follows: Commencing at the intersection of Lombard Street with the waters of the bay, thence along Lombard Street to Broderick Street, thence southerly along Broderick Street to Waller Street, thence easterly along Waller Street to Devisadero Street, thence southerly on Devisadero Street to Eidlev Street, thence easterly on Eidley Street to Castro Street, thence southerly on Castro Street to Seventeenth Street, thence westerly on Seventeenth Street to Douglass Street, thence southerly on Douglass Street to Twenty-sixth Street, thence easterly on Twenty-sixth Street to Harrison Street, thence northerly along Harrison Street to Channel Street, thence along Channel Street to the waters of the bay, thence following the water-front and waters of the bay to the point of commencement.”

Under our constitution, “ any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.” (Art. 11, sec. 11.)

By an act of the legislature of the state of California, entitled “An act to confer further powers upon the board of supervisors of the city and county of San Francisco,” approved April 25, 1863, it is provided that the board of supervisors shall have power, by regulation or order, among other things,—